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  1. #1
    Join Date
    May 2009
    Posts
    11

    Default How to Sue Somebody Over Injuries Received in a Fight

    My question involves an injury that occurred in the state of: Nevada

    Last week I was at Dennys with a friend, and 5 of her friends whom I never met previously. All of them were drunk. One of the friends (A female) was arguing with another girl, and I was doing my best to ignore them while I continued speaking with my friend, the only other sober person at the table. Suddenly the angry female turns to me and tells me to shut the **** up. I wasn't even talking to her, so I was confused at this point. She told me again to shut the **** up, and I told her to **** off. She retaliated by taking her plate of food and breaking the plate on my face. I restrained her and held her down to control her, and a drunk guy sitting next to me started punching me in the face. He hit me a few times, and I was able to get away and defend myself. I called the police, but the guy and girl had left by the time they got there. The waitress however was a witness, I'm pretty sure it was caught on camera, and I was able to get both of their information through our mutual friend. I filed a police report and told them I wanted to press charges. The police took pictures, there was quite a bit of blood from the plate hitting my face. I didn't need to go to the hospital, however there were several scratches, cuts, and bruises after the incident besides the one larger gash on my face.

    My question is, do I have any right to sue them in civil court? Both the girl and the girl are about 18-22 years old, so I doubt they have much money, but I really don't want to let this go. I know that if they don't have much money, it's unlikely that an attorney would work with me on a contingent basis, so I doubt that's an option. Can anyone advise me on what steps I should take at this point, if there's anything I can do, etc? More than anything, I want to pursue this out of principal, even if it's unlikely I would succeed in gaining anything financially from doing so.

    Thank you very much

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Was in a Fight, and Need to Know How to Proceed

    First I would followup with filing criminal charges, prior to a lawsuit, seeking medical reimbursement.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Was in a Fight, and Need to Know How to Proceed

    small claims court would likely be your best avenue. The problem; you have no real financial damages to claim. Apparently Nevada allows for punitive damages in small claims court. Your total claim must be less than $5k.



    http://www.clarkcountycourts.us/Civi...faq.html#_0019

    If that isn't your county, just hunt yours up. The rules should be the same as they are based on state law and rules. There might be some minor differences in procedure or such though.

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